CJHDevCo misled court over Camp John Hay TRO
Published 4:28 PM, May 23, 2015
(May also be seen at http://www.rappler.com/business/industries/175-real-estate/94097-bcda-cjhdevco-camp-john-hay)
TRICKED. "By misleading the CA to issue a TRO, CJHDevCo has shown its defiance and contempt towards the rule of law," BCDA says. All photos by Dave Leprozo/Rappler
MANILA, Philippines – CJH Development Corporation (CJHDevCo) misled the Court of Appeals (CA) into issuing a temporary restraining order that allowed the corporation to remain in Camp John Hay. This was the allegation of the state-run Bases Conversion and Development Authority (BCDA).
In a statement, BCDA president and CEO Arnel Paciano Casanova said, "CJHDevCo blatantly misled the Court of Appeals of various lies that formed the very foundation for the issuance of TRO."
Casanova said CJHDevCo tricked the CA "to believe there was going to be violence at the end of the 30-day notice to vacate" the former US military facility in Baguio City.
"I'm very sure that the sheriff of Baguio, who is implementing the writ of execution and the notice to vacate, and assisted by the Philippine National Police (PNP), will not start any violence," Casanova pointed out. The writ of execution obtained by BCDA orders CJHDevCo and its sublessees to vacate Camp John Hay.
“So does that mean that the Sobrepeña-led CJHDevCo has threatened to provoke violence against the Baguio sheriff?" he added.
CA TRICKED? BCDA: P1.42-billion isn't advance rental payments, but refund for its sublessees.
The BCDA chief also said that CJHDevCo misled the CA "by saying that the P1.42 billion ($31.82 million) is advance rental payments when in fact it is a refund that should be paid by CJHDevCo to the sublessees."
"The only way for the CJHDevCo’s victims to recover their investments and protect their interests is to lay claim to the P1.42 billion ($31.82-million) that the BCDA deposited in the court," Casanova said.
Rule of law
On April 20, the Office of the ex-officio sheriff of the First Judicial Region, Branch 6 of the Regional Trial Court (RTC) in Baguio served a notice against CJHDevCo and "all persons claiming rights under them" to vacate the premises of Camp John Hay.
This was after CJHDevCo on March 6 filed a judicial confirmation before the Baguio RTC to pave the way for the implementation of CJHDevCo’s exit from Camp John Hay.
"By misleading the CA to issue a TRO, CJHDevCo has shown its defiance and contempt towards the rule of law," Casanova noted.
Casanova said that the BCDA will exhaust all legal remedies, saying that it "has been consistent in respecting the rule of law."
"Our previous actions clearly show that the BCDA has abided with the orders of the judge," Casanova added.
Around 1,200 employees of hotels, golf courses, shopping centers and other recreational facilities in Camp John Hay were assured by BCDA of continued security of tenure. – with a report from Dave Leprozo/Rappler.com
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